The Branch Manager v. Powndurai

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 9th day of March 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs Justice S.SRIMATHY and Members Mr.K.R.Mathura Sekaran, District Judge(Retired) , Mr.A.Haja Mohideen, Advocate CMA(MD) No.615 of 2019 (Appeal against the judgment and decree passed on 19/03/2018 in MCOP.223/2009 on the file of the SUB JUDGE, SRIVILLIPUTTUR) The Branch Manager United India Insurance Company Limited, Door No.1, Post Office Road, Palayamkottai, Tirunelveli-2.

...Appellant

Versus

1.Powndurai 2.Balasubramanian

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.J.S.Murali and the counsel for the 1st respondent Mr.M.Thirunavukarasu are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement. AWARD The Tribunal has awarded Rs.30,71,208/- with 7.5% interest against which the Insurance Company has preferred this appeal.

2.Both sides present. As per the settelement arrived in the Lok Adalat, both parties have agreed to settle for a sum of Rs.30,00,000/- (Rupees Thirty Lakhs Only) with interest at the rate of 7.5% p.a from the date of petition till realization and costs. The appellant/Insurance company is directed to deposit the award amount with interest and costs after deducting the amount already deposited if any within a period of four weeks. On such deposit being made, the first respondent/claimant is permitted withdraw the same. The Tribunal has awarded pay and recovery and this Court is confirming the pay and recovery. The appellant/ Insurance Company shall deposit the award amount and recover the same from the 2nd respondent herein.

3. It is submitted that the Insurance Company has already deposited the entire amount with interest. Therefore, the Insurance Company is permitted to withdraw the excess amount of Rs.71,208/- with interest by filing appropriate application.

The Branch Manager United India Insurance Company Ltd, Door No.1, Post Office Road, Palayamkottai, Tirunelveli-2.

Counsel for the Appellant https://www.mhc.tn.gov.in/judis

Powndurai Balasubramanian Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamilnadu Court Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. The Original of the award shall be place in the court record and copy of the award, kept with High Court Legal Services Committee and one copy each is furnished to both parties free of cost. In agreement of the above, both parties and their counsel have affixed their signatures/ thumb impressions in presence of the Lok Adalat Bench admitting the terms and today conditions and accordingly, the award is passed.

JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. SUB JUDGE, SRIVILLIPUTTUR.

2. The Officer-in-Charge, High Court Legal Services Committee, Madurai.

3. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. Typed By T. M..GAYATRI DEVI PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis